Delhi High Court - Orders
The Foundry Visionmongers Limited vs Citrus Ink Studios Private Limited & Anr on 19 May, 2022
Author: Prathiba M. Singh
Bench: Prathiba M. Singh
Signature Not Verified
Digitally Signed
By:DEVANSHU JOSHI
Signing Date:20.05.2022
17:49:01
$~17
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS (COMM) 36/2022 & I.A.7915/2022
THE FOUNDRY VISIONMONGERS LIMITED ..... Plaintiff
Through: Mr. Pravin Anand, Mr. Shantanu
Sahay & Ms. Imon Roy, Advocates
(M-8210095739)
versus
CITRUS INK STUDIOS PRIVATE
LIMITED & ANR. ..... Defendants
Through: Mr. Shantanu Aggarwal, Advocate
(M-9999347367)
CORAM:
JUSTICE PRATHIBA M. SINGH
ORDER
% 19.05.2022
1. This hearing has been done through hybrid mode.
I.A. 7915/2022 (u/O VIII Rule 1 CPC) in CS(COMM) 36/2022
2. The Plaintiff has filed the present suit for permanent injunction for the protection of its rights in the computer software programs which are known by the names 'NUKE', 'NUKE X', 'NUKE STUDIO' and 'NUKE RENDER'. The said software programs are used for the purpose of visual effects (VFX) in animation, gaming, graphic designs etc. It is the case of the Plaintiff that the Defendants were ex-licensees of the Plaintiff. The maintenance of Defendants' licences expired on 16th December, 2021. However, as per the Plaintiff, it acquired knowledge that the Defendants continued to use the said software on at least 41 computer systems July 2021 onwards by using pirated/unauthorized version of the Plaintiff's software. An ex parte ad interim injunction was granted in favour of the Plaintiff vide order dated 17th January, 2022 in the following terms:
10. In view of the submissions made and the material placed on record, the plaintiff has established a prima CS (COMM) 36/2022 Page 1 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:20.05.2022 17:49:01 facie case in its favour. The 'balance of convenience' also lies in favour of the plaintiff and 'irreparable loss' would be caused to if an ex-parte ad-interim injunction is not granted. Accordingly, till the next date of hearing, it is directed that the defendants, their principal officers, directors, agents, franchisees, servants and all others acting for and on their behalf at defendants' premises, are: -
i. Restrained from directly or indirectly using for any kind of computer related activities or otherwise in any other manner, any pirated/unlicensed/unauthorized software programs of the Plaintiffs or reproducing and distributing any pirated/unlicensed/unauthorized software of the plaintiff in contravention of the terms of the EULA (s) or infringing in any other manner or causing or enabling or assisting others to infringe the copyrights of the Plaintiffs including "NUKE", "NUKE X" and "NUKE STUDIO" software and its various versions or any other software programs developed by the plaintiff in any manner that may amount to infringement of the Plaintiff‟s copyright subsisting in its software programs and software related documentation, and ii. Restrained from directly or indirectly formatting the computer systems and/or erasing any data, log files, installations, etc. pertaining to assisting others to infringe the copyrights of the plaintiff subsisting in its software programs and software related documentation including "NUKE", "NUKE X" and "NUKE STUDIO"
software and its various versions or any other software program developed by the plaintiff.
3. The parties have now settled their disputes and an application under Order CS (COMM) 36/2022 Page 2 of 3 Signature Not Verified Digitally Signed By:DEVANSHU JOSHI Signing Date:20.05.2022 17:49:01 XXIII Rule 3 CPC has been jointly moved by the parties. The settlement terms are contained in paragraphs 2 (a) to (g) of the settlement application. As per the said application, the Defendants have acknowledged the intellectual property rights of the Plaintiff in the 'NUKE', 'NUKE X', 'NUKE STUDIO' software programs. The Defendants have also obtained licences for the Plaintiff's software 'NUKE FLOATING INTERACTIVE INDIA ANNUAL 5-19'. Details of the software licenses and the purchase order have been placed on record. Partial payment in terms of the delivery schedule, as agreed upon between the parties, is stated to have been made by means of cheque payments. The Defendants undertake before the Court that the remaining instalments shall be paid by them the on dates when they are due.
4. The Court has perused the settlement terms and the same are lawful. In the opinion of the Court, there is no impediment in recording the settlement. All parties and anyone acting for or on their behalf shall be bound by the terms and conditions of the settlement. The application is signed on behalf of the authorized signatories of the parties and their ld. Counsels.
5. Accordingly, the suit is decreed in terms of paragraphs 2(a) to (g) of the settlement agreement. The said terms shall form part of the decree. Decree sheet be drawn accordingly. All pending applications are also disposed of.
6. In view of the amicable settlement of disputes, 50% of court fee is directed to be refunded to the Plaintiff, through counsel, by the Registry.
7. Next date of hearing is cancelled.
PRATHIBA M. SINGH, J.
MAY 19, 2022 Rahul/SK CS (COMM) 36/2022 Page 3 of 3